Allows a court to determine legal ownership of a companion animal, taking into consideration the well-being of the companion animal, during proceedings for dissolution of marriage, legal separation and proceedings commenced by individuals who have both resided with the companion animal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3724
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the domestic relations law and the agriculture and
markets law, in relation to providing for the legal ownership of a
companion animal
PURPOSE:
This bill will require courts to consider the best interest of a compan-
ion animal when deciding legal ownership following the dissolution of a
marriage or legal separation of parties.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the domestic relations law by adding a new section
256.
Section two amends the agriculture and markets law by adding a new
section 382.
Section three establishes the effective date.
JUSTIFICATION:
In cases of divorce or legal separation, courts must approve a custody
agreement that is in the best interest of any children involved, in
addition to splitting up shared property. Arrangements involving chil-
dren, including decisions regarding shared custody, visitation, and
alimony, are always made with the children in mind to ensure the best
possible outcome.
Until recently, many courts have decided the custody of pets in the same
way as they would decide ownership of property, taking into consider-
ation who purchased the property and awarding it to one person only.
However, there is an emerging trend in which the parties are each seek-
ing custody or even pursuing a shared custody arrangement, especially in
cases involving dogs. For many people, pets are members of the family.
In the United States, nearly 40% of households have a dog and about 25%
of households have a cat. Studies have found that Americans spent more
than $95 billion on their pets in 2019.
Disputes over custody of pets during a divorce or other legal separation
of parties will continue to arise. It is important that the courts
consider the best interest of the animal, regardless of ownership, when
resolving disputes arising over custody.
LEGISLATIVE HISTORY:
2019-20: A.10333 - Referred to Judiciary
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3724
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law and the agriculture and
markets law, in relation to providing for the legal ownership of a
companion animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The domestic relations law is amended by adding a new
2 section 256 to read as follows:
3 § 256. Order to care for companion animal pending final determination;
4 assignment of sole or joint ownership. 1. Notwithstanding any other law
5 to the contrary, the court, at the request of a party to proceedings for
6 dissolution of marriage or for legal separation of the parties, may
7 enter an order prior to the final determination of ownership of a
8 companion animal to require a party to care for the companion animal
9 taking into consideration the well-being of such companion animal. The
10 existence of an order providing for the care of a companion animal
11 during the course of proceedings shall not have any impact on the
12 court's final determination of ownership of the companion animal.
13 2. Notwithstanding any other law, the court, at the request of a party
14 to proceedings for dissolution of marriage or for legal separation of
15 the parties, may assign sole or joint ownership of the companion animal
16 taking into consideration the well-being of the companion animal.
17 3. "Companion animal," as used in this section, shall have the same
18 meaning as in subdivision five of section three hundred fifty of the
19 agriculture and markets law.
20 § 2. The agriculture and markets law is amended by adding a new
21 section 382 to read as follows:
22 § 382. Order to care for companion animal pending final determination.
23 1. Notwithstanding any other law to the contrary, in any proceeding
24 wherein at issue is ownership of a companion animal who currently does
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00989-01-1
A. 3724 2
1 or has resided with parties to the lawsuit, the court may enter an order
2 prior to the final determination of ownership of a companion animal to
3 require a party to care for the companion animal taking into consider-
4 ation the well-being of such companion animal. The existence of an order
5 providing for the care of a companion animal during the course of
6 proceedings shall not have any impact on the court's final determination
7 of ownership of such companion animal.
8 2. Notwithstanding any other law to the contrary, in any proceeding
9 wherein at issue is ownership of a companion animal who currently does
10 or has resided with parties to the lawsuit, the court may assign sole or
11 joint ownership of the companion animal taking into consideration the
12 well-being of such companion animal.
13 3. "Companion animal" as used in this section shall have the same
14 meaning as provided in subdivision five of section three hundred fifty
15 of this article.
16 § 3. This act shall take effect on the thirtieth day after it shall
17 have become a law.
